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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49779
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been given a verbal warning for my work not being

Customer Question

I have just been given a verbal warning for my work not being up to scratch. I have no contract, I am paid weekly. What are my legal rights.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long you have been with your employer please.

JACUSTOMER-gtgm5hie- :

I have been with them 2yrs.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones : Just before i finalise my response can you please confirm exactly when you started working there?
Ben Jones :

The start date is important because your rights will be affected based on the exact service you have with them.

Ben Jones :

Hi any progress on this please - can you please let me know your start date in this job so I can continue with my response, thanks

JACUSTOMER-gtgm5hie- :

Hi Ben, I started in March 2012 and signed an apprentice contract which expired. I kept asking for a new one, but never got one. On 16.10.14 my Manager pulled me to one side to ask if I was depressed, I said I was because of my working circumstances. She shrugged her shoulders and said to my face, "well you look like shit. Cant you get up in the mornings, you need to pull yourself together". Those are her words not mine. I am getting the impression that they are trying to squeeze me out.

Ben Jones :

Thank for getting back to me. A verbal warning is not really an official warning that would stay on your record – these are the official written or final written warnings. It is really used as an informal warning to let you know there are some concerns and to give you the heads up on trying to deal with them without the need for formal disciplinary action. So if this was not a formal warning then you may not have the legal right to appeal it but should instead use it as guidance to see what the employer thinks the problems are and try to deal with them to avoid any formal action being taken against you. I understand that you may disagree with the reasons for the warning but remember that this is not an official warning that goes on your record and it is just used as informal action to try and resolve things without the need to formally discipline you.

If you are experiencing other issues in the workplace then you do have the right to complain formally about them to the employer. This is done by raising a formal grievance, which the employer has a duty to deal with officially. If you disagree with the outcome of the grievance then you also have the legal right to appeal the decision.

The final option, if you find that you have not been able to resolve the issues and feel you cannot continue working there, is to resign and claim constructive dismissal. This is a drastic action though o only rely on it if you genuinely believe you cannot continue being there and have done all you can to try and resolve the issues.

Hope this clarifies your position? If you could please let me know that would be great, thank you